Full Judgment Text
IN THE SUPREME COURT OF INDIA REPORTABLE
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 1413-1414 OF 2011
Anil Sachar &Anr. .....Appellants
Versus
M/s. Shree Nath Spinners P.Ltd.
& Ors. Etc. .....Respondents
O R D E R
We have heard the learned counsel appearing for the
parties on the question of sentence. Having gone through the
records, we find that Mr. Munish Jain, against whom the notice
was issued on the question of sentence has died. Accordingly,
so far he is concerned, the matter stands abated.
There is yet one more accused in the case, apart from the
company, who was also impleaded as a party in the present
proceedings. The said Director of the company is Mr. Varun
Jain.
We have heard the learned counsel appearing for the
parties on the question of sentence. Considering the provisions
of Section 138 of the Negotiable Instruments Act, we consider
that imposition of fine of an amount of Rs. 10,00,000/- (Rupees
ten lacs only) would meet the ends of justice in the present
case. Considering the facts and circumstances of the case, we,
therefore, impose a fine of Rs. 10,00,000/- (Rupees ten lacs
only) on the respondent payable to the appellants/complainants
by way of compensation.
At this stage, the counsel appearing for the respondent
has handed over drafts amounting to Rs. 10,00,000/-, payable to
the appellants/complainants, to the counsel appearing for the
appellants/complainants, who receives the said amount which is
imposed as fine and payable to the appellants. Fine having been
paid and received brings the litigation to an end.
In that view of the matter, nothing further survives in
these appeals, which stand disposed of.
......................J
(Dr. MUKUNDAKAM SHARMA)
......................J
(ANIL R. DAVE)
NEW DELHI
AUGUST 17, 2011